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   State Courts - Colorado - May 8, 2003

  
Mavashev v. Windsor Ins. Co., Court of Appeals No. 02CA1244, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: A grant of summary judgment in favor of an insurer was improper, where an uninsured motorist insurance contract that contained a corroboration clause was void as a violation of public policy.

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Nat'l Union Fire Ins. Co. v. Price, Court of Appeals No. 02CA0736, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: The trial court erred in enforcing an oral agreement to settle reached in mediation between the parties, where the Colorado Dispute Resolution Act specifically stated that an agreement presented to the court had to be in writing to be enforced.

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People ex rel. J.M., Court of Appeals No. 02CA1318, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 8, 2003, Decided
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Overview: The fact that a dispositional order was not reduced to writing did not affect the validity of a finding of dependency. Also, there was sufficient evidence to support a finding that reasonable efforts to rehabilitate the mother were made.

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People v. Clay, Court of Appeals No. 02CA0928, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 8, 2003, Decided
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Overview: An order of restitution imposed against defendant was proper, where the evidence established that the towing company was a "victim" for purposes of restitution, as it sustained a pecuniary loss as a result of defendant's criminal conduct.

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People v. Johnson, Court of Appeals No. 01CA1509, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 8, 2003, Decided
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Overview: County court judges could sit as district court judges and hear cases within district court's jurisdiction. County court judge was acting under authority of the supreme court chief justice delegated to the chief judge of the judicial district.

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People v. Sweeney, Court of Appeals No. 01CA1109, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: Where defendant patted his gun while a co-conspirator explained that it was necessary to keep quiet about a hotel robbery, the co-conspirator's statement did not constitute hearsay because it amounted to an adopted admission.

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Peterson v. Arapahoe County, Court of Appeals No. 01CA1859, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: Where notice of a claim under the Colorado Governmental Immunity Act was sent by regular mail, it was unclear whether or not it was filed within 180 days. Failure to take an injured party into custody sufficiently showed willful and wanton conduct.

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Stell v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 02CA1811, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 8, 2003, Decided
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Overview: The Colorado Department of Health Care Policy and Financing properly included funds in a disability trust in the calculation to determine an applicant's eligibility for medical assistance, as the trust did not meet the applicable criteria.

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Venard v. Dep't of Corr., Court of Appeals No. 01CA2065, Colorado State Personnel Board No. 2000B114, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 8, 2003, Decided
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Overview: A state personnel board member should have been disqualified from considering an employee's termination, as she also served as a special assistant attorney general in a personnel matter against the employee's attorney.

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